Sports of The Times; On Clothing: Emperor's New Rules

By WILLIAM C. RHODEN

Published: February 1, 1992

Michael Jordan has dunked on a lot of people in a variety of ways. But this time, the Chicago Bulls superstar has outdone himself: he has dunked over the entire National Basketball Association.

Earlier this week, Jordan sent tremors through the N.B.A. -- and the sports-clothing industry -- when he told the league that it could no longer use his image on N.B.A. apparel. He gave the exclusive rights to Nike, the world's largest manufacturer of sports clothing and sneakers.

In one dramatic move, Jordan seized control of how, where and under what conditions his image will be marketed.

As of March 31, fans will not be able to buy Michael Jordan T-shirts and sweatshirts at N.B.A. arenas, or at retail stores that don't carry the Nike line. Customers will be able to buy Chicago Bulls jerseys that carry No. 23 and Jordan's name, because the uniform belongs to the N.B.A.

Jordan's face belongs to Jordan.

Around the league and in the apparel business, this will not be remembered as one of Jordan's most popular moves. During the last two days, league officials have been grumbling about Jordan's not being a team player, but mostly to themselves. Jordan, who led his team to the league title last year, is at the pinnacle of his popularity and has become one of the few players in the recent history of team sports to impose the full weight of his presence on the league that supposedly created him.

The N.B.A. says that it's concerned that Jordan has effectively separated himself from the league. The league's larger concern is that the free ride it has enjoyed for the last few years may be coming to an end. Of the four major pro sports leagues, only the N.B.A. does not give active players a percentage of profits from the sale of apparel bearing their likenesses.

The N.B.A. Players Association negotiated away its members' individual licensing rights in the mid-1980's, when it designated N.B.A. Properties to represent the players' interest. The N.B.A. agreed to give a percentage of such profits to the union's pension fund, with the rest going to the league and the team owners. Under the terms of the agreement, which will end in 1997, a player can opt out of the collective licensing agreement, providing he can show proof of an outside deal.

The N.B.A. contributes $500,000 annually to the pension fund. Meanwhile, N.B.A. Properties earn between $65 million and $70 million annually in sales of all N.B.A.-related merchandise. As a result of leverage gained from Jordan's move, the Players Association might now demand a percentage of licensing rights.

While the N.B.A. is unhappy about the turn of events, the league is certainly not surprised. In August 1989, David Falk, Jordan's lawyer, sent a letter to Gary Bettman of the N.B.A., requesting group-licensing exemptions for four of his clients: Jordan, Patrick Ewing, James Worthy and Rex Chapman. Despite that letter and continued pressure from Falk, the N.B.A. continued to license the players' images, in violation of the agreement. Finally this week, the league consented to the request in Jordan's case. Falk no longer represents Worthy, and he says he will now review Ewing's and Chapman's situations.

The greatest beneficiary of Jordan's decision is Nike, but Dick Donahue, the company's president, said it had nothing to do with Jordan's move this week. "We sell Jordan apparel and every piece we sell, he gets a piece of it," Donahue said. "This is not a Jordan issue; it's a persona issue. Even the guy at the end of the bench has the right to his own image."

For Jordan, the issue is control. Imagine going to nearly every airport in United States and seeing your face on all matter of apparel. Not only do you not get any of the money from sales, but you also have no control over how the image is represented.

For an increasing number of observers, the issue is greed. Specifically, why does Jordan need more money? In addition to his salary with the Bulls, $3.5 million, Jordan will earn approximately $21.2 million this year for endorsing products ranging from Nike shoes to Wheaties cereal to Gatorade.

How much is too much? An athlete's longevity rests on a fragile precipice of bones, tendons and cartilage. You go as far as the body takes you. Dominique Wilkins would probably give a couple of million dollars to have a healthy tendon. Magic Johnson would probably pay millions to have the full benefit of his health.

There may have been a time in our country when all of sports was rooted in honor and pride, glory and the flag. Now the game is about money.

Michael Jordan is simply way ahead of the game, and he knows how to dress for the occasion.